2. If the customer is a registered merchant, our terms and conditions also apply to everyone future transactions with the customer.

§ 2 Prices and payment terms
1. Unless otherwise stated in the order confirmation, our prices apply “from Factory” excluding packaging.
2. A separately stated freight and shipping fee will be charged for transport and packagingPackaging flat rate charged.
3. Statutory VAT is not included in our prices; she will be in geThe statutory amount is shown separately on the invoice on the day of invoicing.
4. We grant a 21TP3 payment if payment is made within 7 days of the invoice date Cash discount. Otherwise we ask for payment net within 30 days
Date of invoice.
5. If you participate in the direct debit process, the amount due will be paid within deducted from your account within a week with a 3% discount.
6. You can pay with Master and Visa cards. If you pay by credit card, we will charge you card immediately after invoicing; In this case we can offer a discount for cost reasons.
reasons do not grant.
7. If the buyer defaults on payment, we are entitled to extend the period of delayto demand interest on arrears amounting to 9% pa above the base interest rate. The
Buyers are left with proof of a higher or significantly lower actual price Damage unaffected. Our right to do so in a mutual commercial transaction Due date 5% pa The ability to charge interest on maturity remains unaffected. Besides that We can claim compensation for the delay in timely payment.
Furthermore, we are entitled to withdraw from the contract and claim damages instead of performance to demand.

§ 3 delivery time
1. The freight and packaging fee mentioned under 2.2 includes deliverythrough which you will receive the ordered goods within 1 to 2 working days.
2. We also deliver overnight for a separate charge. Please ask about this Order submission according to the current conditions.
3. In the event of a delay in delivery, we are liable in accordance with the statutory provisions, provided that the delivery agreementbased on an intentional or grossly negligent contractual act for which we are responsible
injury is based. In all other cases our liability for damages is limited to: foreseeable, typically occurring damage is limited.
4. If the delay in delivery is based solely on a culpable violation of an immaterial obligationchen contractual obligation, the purchaser is entitled to one full week of delay Flat-rate compensation for delay in the amount of 2% of the delivery value, up to a maximum not to charge more than 10% of the delivery value.

§ 4 Transfer of risk – packaging costs
1. Unless otherwise stated in the order confirmation, delivery is “ex works” agreed.
2. We take out transport insurance at our expense for your delivery.
3. Transport and all other packaging in accordance with the packaging regulations will not be taken back; pallets are excluded. The customer takes care
own costs for the disposal of packaging.
4. We do not have any insurance cover in the event that the goods are returned; In this case, the customer bears the risk of returning the goods uninsured.

§ 5 Warranty – Compensation for Damages
1. The customer must receive the delivered goods immediately after they arrive Carefully examine the completeness and correctness. Delivery applies
deemed approved if a complaint is not made within three working days of receipt the goods at the destination, or if the defect occurs during a proper delivery
investigation was not apparent within three working days of its discovery received by us in writing, by telex or by fax.
2. Transport damage must be reported to the freight forwarder or carrier immediately.
3. If there is a defect in the purchased item, we are at our discretion to determine the defectreplacement or replacement delivery. In the case of remedying the defect, we are
obligated to cover all expenses necessary for the purpose of remedying the defect, in particular to bear transport, travel, labor and material costs, insofar as these arise
not increase by sending the purchased item to a location other than the place of performance was spent.
4. If the removal of the defect/replacement delivery fails, the purchaser is at his own discretion entitled to rescission (cancellation of the contract) or an equivalent
to demand a reduction in the purchase price (reduction).
5. For all other damages caused to the purchaser due to or in connection with defects or Any damages due to errors in guaranteed properties of the delivered goods
We are only liable for claims for compensation, regardless of the legal basis, if we are at fault. § 6 applies. However, this regulation does not apply to claims for damages
due to consequential damage due to defects in the absence of a guaranteed property, if the The assurance should protect the purchaser against the risk of such damage. Also in
In this case, we are only liable for typical or foreseeable damage.
6. The warranty period is 6 months, calculated from the transfer of risk. This period is a limitation period and also applies to claims for compensation for consequential damage caused by defects.
The statutory limitation period applies to claims arising from tort.

§ 6 Liability
1. For claims for damages due to culpable actions, regardless of the legal basis, including delay, defective delivery (with the exception of Section 5 Paragraph 5),
positive breach of contract, breach of obligations during contract negotiations as well as of advice obligations, tortious acts, product liability (excluded
any liability under the Product Liability Act), we are only liable in the case of slight negligence in the event of a material breach that endangers the purpose of the contract
obligations and only for typical and foreseeable damage. Furthermore, our liability in the event of slight negligence and liability regardless of fault is excluded.
closed.
2. In the event of liability due to gross negligence, we are only liable for typical and foreseeable damage.
3. Claims for damages due to impossibility or inability remain unaffected.
4. The same applies if liability is mandatory due to provisions of the Product Liability Act.
5. We are not liable for damage that occurs as a result of improper processing of our products or after connecting our products with third-party components.
6. To the extent that liability towards us is excluded or limited, this also applies with regard to the personal liability of our employees, employees, employees, representatives and vicarious agents.

§ 7 Withdrawal
1. We will take back items ordered from us within 12 weeks (3 months) of purchase (date of delivery note), provided these items are intact and in their original packaging
and show no signs of wear or dirt. We charge a processing fee of €18.50 for processing returns. A back
sendung muss ausreichend frankiert an folgende Adresse erfolgen: MCI Service & Logistic Center, Kommandanturstraße 1, DE 47495 Rheinberg. Über die zurück
The customer receives a credit note for the goods taken. He can offset this against future orders.
2. Implants and/or other components that were manufactured by us at the customer's special request (custom-made products) are exempt from return.
closed.

§ 8 Retention of title
1. We reserve ownership of the purchased item until all payments from the business relationship with the customer have been received. In the event of breach of contract by the
We are entitled to take back the purchased item, particularly in the event of late payment.
2. The purchaser is obliged to treat the purchased item with care; In particular, he is obliged to protect them against fire, water or theft damage at his own expense
adequately insured for new value. If maintenance work is necessary, the purchaser must carry it out in a timely manner at his own expense.
3. In the event of seizures or other interventions by third parties, the purchaser must notify us immediately in writing so that we can file a lawsuit in accordance with Section 771 ZPO.
Intervention costs are borne by the purchaser.
4. The purchaser is entitled to resell the purchased item in the ordinary course of business. However, he now assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim that arise from the resale against his customers or third parties, regardless of whether the purchased item is resold without or after processing has been. The customer remains entitled to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds collected.
5. The processing or transformation and/or mixing of the purchased item by the purchaser is always carried out on our behalf. The purchased item will not be shared with others, not us
If the items belonging to you are processed and/or mixed, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed and/or mixed items at the time of processing and/or mixing. The same applies to the item resulting from processing and/or mixing as to the purchased item delivered under reservation.

§ 9 Reservation of delivery
1. If we are no longer able to deliver a product due to product innovations, we are entitled to offer the customer an alternative product. The customer takes it
If you choose this alternative product, the price difference must be paid by the purchaser or reimbursed by us.
2. If the customer does not accept the alternative product, we are entitled to withdraw from the contract. Any purchase price that may have been paid must be refunded by us.
The customer has no further rights.

§ 10 Place of jurisdiction – place of performance
1. If the customer is a merchant, our place of business is the place of jurisdiction; However, we are also entitled to sue the customer at his place of residence.
2. Unless otherwise stated in the order confirmation, Rheinberg is the place of performance.